Mr.Balashanmugam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.32240 of 2014 Balashanmugam
...Petitioner
Vs.
1.
The District Collector, Collectorate, Cuddalore, Cuddalore District.
2.
The Tahsildar Chidamparam Taluk, Chidamparam-608 001.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus direct the 2nd respondent to consider the representation of the petitioner dated 05.09.2012 with regard to issuance of patta for the land under Survey Number 48/7 to an extent of 0.67.5 ares comes under the village of silambimangalam, Chidamparam Taluk, Cuddalore District. For Petitioner : Mr.K.Sugumaran For Respondents : Mr.Yogesh Kannadasan, Spl. GP.
O R D E R
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the 2nd respondent to consider the petitioner's representation dated 05.09.2012 for issuance of patta with regard to the land comprised in S.No.48/7, measuring an extent of 0.67.5 ares situated at Silambimangalam village, Chidamparam Taluk, Cuddalore District.
2. The case of the petitioner is that, the land comprised in S.No.48/7, measuring an extent of 0.67.5 ares situated at Silambimangalam village, Chidamparam Taluk, Cuddalore District was under the care and custody of forefathers of the petitioner and after their life time, the same came to the petitioner's family and they have constructed a house in the above said land and doing agricultural work. Whileso, based on the announcement of the Village Administrative Officer in the year 1991, that the Government Poraboke land will be measured according to the
possession and enjoyment of the concerned people and patta will be issued in their favour, the petitioner, his father and his brother made an application for issuance of patta in their favour, however, no action has been initiated by the respondents. Thereafter, the petitioner and his family members made a representation dated 05.09.2012 before the respondents herein, seeking for issuance of patta in their favour, however, till date, no orders have been passed on the same. Hence, the present Writ petition is filed.
3.Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 2nd respondent to consider the petitioner's representation dated 05.09.2012 and issue patta in favour of the petitioner and his family members as early as possible.
4.Learned Special Government Pleader appearing on behalf of the respondents has no serious objection for the said order being passed and he fairly conceded that the petitioner's representation dated 05.09.2012 will be considered and appropriate orders will be passed in accordance with law within the time stipulated by this Court.
5.In view of the above, this Court, without going into the merits of the case, issues direction to the 2nd respondent to consider the petitioner's representation dated 05.09.2012 on merits and pass appropriate orders in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after affording opportunity of personal hearing to the petitioner.
6. Accordingly, this Writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar skt To 1.
The District Collector, Collectorate, Cuddalore, Cuddalore District.
2.
The Tahsildar Chidamparam Taluk, Chidamparam-608 001.
+1cc to the Government Pleader, S.R.No.27545 W.P.No.32240 of 2014 VG-II(CO) RGA(20/05/2022)